NARESH KUMAR @ NESHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prayer in this application is for suspension of sentence of the applicant-appellant Naresh Kumar @ Neshi son of Nakli Ram who was convicted under Sec. 120-B read with Sec. 302/34 Indian Penal Code and has been sentenced to undergo life imprisonment vide judgement of conviction and order of sentence dated 18/19.11.2009.

(2.) As per the custody certificate dated 7.11.2012 produced by the learned State counsel, the applicant-appellant as on date has undergone actual sentence of more than five years including three years post conviction period. It is stated in the custody certificate that there is no other case pending against the applicant-appellant nor he is convicted in any other case.

(3.) Keeping in view the guidelines laid down by the Division Bench of this Court in Dharam Pal Vs. State of Haryana, 1999(4) RCR (Crl.) 601 , and also in the light of the fact that the appeal is of the year 2009 and is likely to take some time for final disposal, the sentence of the applicant-Naresh Kumar @ Neshi s/o Sh. Nakli Ram is suspended and he is directed to be released on bail to the satisfaction of the Chief Judicial Magistrate, Panipat.